Citation and commencement

1. These Regulations may be cited as the Health and Safety (Miscellaneous Amendments) Regulations 2002 and shall come into force on 17th September 2002.

Amendment of the Health and Safety (First-Aid) Regulations 1981

2.Regulation 3 of the Health and Safety (First-Aid) Regulations 1981( 2 ) shall be amended by adding the following paragraph—

“ (5) Any first-aid room provided pursuant to this regulation shall be easily accessible to stretchers and to any other equipment needed to convey patients to and from the room and be sign-posted, and such sign to comply with regulation 4 of the Health and Safety (Safety Signs and Signals) Regulations 1996 as if it were provided in accordance with that regulation. ” .

Amendment of the Health and Safety (Display Screen Equipment) Regulations 1992

3.The Health and Safety (Display Screen Equipment) Regulations 1992( 3 ) shall be amended—

(a) by substituting for regulation 3 the following regulation—

“ 3. Every employer shall ensure that any workstation which may be used for the purposes of his undertaking meets the requirements laid down in the Schedule to these Regulations, to the extent specified in paragraph 1 thereof. ” ;

(b) by substituting for paragraphs (1) and (2) of regulation 5 the following paragraphs—

“ 5. —(1) Where a person—

(a) is a user in the undertaking in which he is employed; or

(b) is to become a user in the undertaking in which he is, or is to become, employed,

the employer who carries on the undertaking shall, if requested by that person, ensure that an appropriate eye and eyesight test is carried out on him by a competent person within the time specified in paragraph (2).

(2) The time referred to in paragraph (1) is—

(a) in the case of a person mentioned in paragraph (1)(a), as soon as practicable after the request; and

(b) in the case of a person mentioned in paragraph (1)(b), before he becomes a user. ” ;

(c) in paragraph (3) of regulation 5 by inserting, after the words “has been provided”, the words “(whether before or after becoming an employee)”;

(d) by substituting for paragraph (1) of regulation 6 the following paragraphs—

“ 6. —(1) Where a person—

(a) is a user in the undertaking in which he is employed; or

(b) is to become a user in the undertaking in which he is, or is to become, employed,

the employer who carries on the undertaking shall ensure that he is provided with adequate health and safety training in the use of any workstation upon which he may be required to work.

(1A) In the case of a person mentioned in sub-paragraph (b) of paragraph (1) the training shall be provided before he becomes a user. ” .

Amendment of the Manual Handling Operations Regulations 1992

4.Regulation 4 of the Manual Handling Operations Regulations 1992( 4 ) shall be amended by adding the following paragraph—

“ (3) In determining for the purposes of this regulation whether manual handling operations at work involve a risk of injury and in determining the appropriate steps to reduce that risk regard shall be had in particular to—

(a) the physical suitability of the employee to carry out the operations;

(b) the clothing, footwear or other personal effects he is wearing;

(c) his knowledge and training;

(d) the results of any relevant risk assessment carried out pursuant to regulation 3 of the Management of Health and Safety at Work Regulations 1999;

(e) whether the employee is within a group of employees identified by that assessment as being especially at risk; and

(f) the results of any health surveillance provided pursuant to regulation 6 of the Management of Health and Safety Regulations 1999. ” .

Amendment of the Personal Protective Equipment at Work Regulations 1992

5.The Personal Protective Equipment at Work Regulations 1992( 5 ) shall be amended—

(a) by substituting for sub-paragraphs (a) and (b) of paragraph (3) of regulation 4 the following sub-paragraphs—

“ (a) it is appropriate for the risk or risks involved, the conditions at the place where exposure to the risk may occur, and the period for which it is worn;

(b) it takes account of ergonomic requirements and the state of health of the person or persons who may wear it, and of the characteristics of the workstation of each such person; ” ;

(b) by adding to regulation 4 the following paragraph—

“ (4) Where it is necessary to ensure that personal protective equipment is hygienic and otherwise free of risk to health, every employer and every self-employed person shall ensure that personal protective equipment provided under this regulation is provided to a person for use only by him. ” ;

(c) in paragraph (2) of regulation 6, by adding the following sub-paragraph—

“ (d) an assessment as to whether the personal protective equipment is compatible with other personal protective equipment which is in use and which an employee would be required to wear simultaneously. ” ;

(d) in paragraph (1) of regulation 9 by adding after sub-paragraph (c) the words “and shall ensure that such information is kept available to employees”; and

(e) in paragraph (3) of regulation 9 by adding the following paragraph—

“ (3) Without prejudice to the generality of paragraph (1) the employer shall, where appropriate, and at suitable intervals, organise demonstrations in the wearing of personal protective equipment. ” .

Amendment of the Workplace (Health, Safety and Welfare) Regulations 1992

6.The Workplace (Health, Safety and Welfare) Regulations 1992( 6 ) shall be amended—

(a) in regulation 2(1), by inserting, before the definition of “new workplace”, the following definition—

• “ disabled person ” has the meaning given by section 1 of the Disability Discrimination Act 1995;

  (b)

  in the definition of “workplace” in regulation 2(1), by deleting the words “but shall not” to the end of the definition;

  (c)

  by inserting after regulation 4 the following regulation—

  “ Stability and solidity

  4A. Where a workplace is in a building, the building shall have a stability and solidity appropriate to the nature of the use of the workplace. ” ;

  (d)

  in regulation 5(3)—

  (i)

  by deleting the word “and” after sub-paragraph (a);

  (ii)

  by adding the word “and” after sub-paragraph (b); and

  (iii)

  by adding the following sub-paragraph—

  “ (c) equipment and devices intended to prevent or reduce hazards ” ;

  (e)

  by deleting regulation 6(3);

  (f)

  in regulation 7, by inserting the following paragraph—

  “ (1A) Without prejudice to the generality of paragraph (1)—

  (a) a workplace shall be adequately thermally insulated where it is necessary, having regard to the type of work carried out and the physical activity of the persons carrying out the work; and

  (b) excessive effects of sunlight on temperature shall be avoided. ” ;

  (g)

  in paragraph (2) of regulation 24, by adding the words “and the facilities are easily accessible, of sufficient capacity and provided with seating”;

  (h)

  in regulation 25, by substituting for paragraph (3) the following paragraph—

  “ (3) Rest rooms and rest areas shall—

  (a) include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke; and

  (b) be equipped with—

  (i) an adequate number of tables and adequate seating with backs for the number of persons at work likely to use them at any one time; and

  (ii) seating which is adequate for the number of disabled persons at work and suitable for them. ” ;

  (i)

  by inserting after regulation 25 the following regulation—

  “ Disabled persons

  25A. Where necessary, those parts of the workplace (including in particular doors, passageways, stairs, showers, washbasins, lavatories and workstations) used or occupied directly by disabled persons at work shall be organised to take account of such persons. ” .

Amendment of the Provision and Use of Work Equipment Regulations 1998

7.The Provision and Use of Work Equipment Regulations 1998( 7 ) shall be amended—

(a) by substituting for paragraphs (1) and (2) of regulation 10 the following paragraphs—

“ 10. —(1) Every employer shall ensure that an item of work equipment conforms at all times with any essential requirements, other than requirements which, at the time of its being first supplied or put into service in any place in which these Regulations apply, did not apply to work equipment of its type.

(2) In this regulation “ essential requirements ”, in relation to an item of work equipment, means requirements relating to the design and construction of work equipment of its type in any of the instruments listed in Schedule 1 (being instruments which give effect to Community directives concerning the safety of products) ” ;

(b) by substituting for paragraph (2) of regulation 11 the following paragraph—

“ (2) The measures required by paragraph (1) shall consist of—

(a) the provision of fixed guards enclosing every dangerous part or rotating stock-bar where and to the extent that it is practicable to do so, but where or to the extent that it is not, then

(b) the provision of other guards or protection devices where and to the extent that it is practicable to do so, but where or to the extent that it is not, then

(c) the provision of jigs, holders, push-sticks or similar protection appliances used in conjunction with the machinery where and to the extent that it is practicable to do so,

and the provision of such information, instruction, training and supervision as is necessary. ” ;

(c) by substituting for paragraph (1) of regulation 18 the following paragraph—

“ 18. —(1) Every employer shall ensure, so far as is reasonably practicable, that all control systems of work equipment—

(a) are safe; and

(b) are chosen making due allowance for the failures, faults and constraints to be expected in the planned circumstances of use. ” ;

(d) in paragraph (2) of regulation 35, by substituting for the words “33(1)(a)(ii) or (2)(b)” the words “33”.

Amendment of the Lifting Operations and Lifting Equipment Regulations 1998

8.The Lifting Operations and Lifting Equipment Regulations 1998( 8 ) shall be amended—

(a) in the definition of “accessory for lifting” in regulation 2(1), by substituting for the word “work” the word “lifting”;

(b) in regulation 3(4), by substituting for the words “(5)(b)” the words “(3)(b)”.

Amendment of the Quarries Regulations 1999

9.The Quarries Regulations 1999( 9 ) shall be amended—

(a) in regulation 2(1), by substituting for the definition of “explosives” the following definitions—

“ explosive article ” means an article containing one or more explosive substances;

“ explosive substance ” means—

“ explosives ” means explosive articles or explosive substances;

(b) in regulation 33(4) by substituting, for the word “undertaken”, the word “completed”;

(c) in regulation 45(4) by substituting, for the word “(2)”, the word “(3)”.